21Q0204_NONCOMP_REDACTED.pdf

J&A Number CR-21182

The technical activity utilized the costs of prior procurements for both procuring new and repair assets to derive the estimated cost.

The services required by this contract include repairs. The repair services are estimated at of the contract cost.

4. Statutory Authority Permitting Other Than Full and Open Competition

10 U.S.C. 2304(c)(1) Only one responsible source.

5. Rationale Justifying Use of Cited Statutory Authority

Pursuant to 10 USC 2304 (c)(1), Optics 1, Inc., is the only source unacceptable delays or the incurrence of substantial duplication of costs. The VIPER LRF required is a direct replacement for BER assets. The VIPER Laser Range Finder is a small, binocular-style, handheld, button-operated, Class I (Eye-Safe) laser range finder with integrated Digital Magnetic Compass (DMC) and sighting optic.

The Laser operates at 1550nm, which is essential in that this wavelength cannot be detected by night vision goggles or the human eye. The VIPER Laser Range Finder is capable of providing distance, azimuth, and inclination data and geo-graphic coordinates when integrated with a GPS. Targeting System combines the Viper Laser Rangefinder with the PLGR+96/AN-PSN/11 GPS System for accuracy at up to 12 kilometers. Optics 1, Inc. is the Original Equipment Manufacturer and is the only known source that has the facilites, drawings,and ability to manufacture this asset.

The Government does not own a technical data package to Viper Laser Finder, nor has it sought a technical data

The VIPER Laser Range finder has already been approved through the Navy Laser Safety Review Board (LSRB) for use by United States Operating Forces including Naval Special Warfare Operators. Prior to fielding any Laser device, the LSRB must approve the laser for use. This is a long process that could take and eventually cost The Viper LRFs are currently required by active Operators and are essential to completing successful missions and training exercises. Additional wait time and increased costs could be detrimental to the success of the missions.

For this capability, the acquisition process must begin with a Capability Development Document (CDD) and Capability Production Document (CPD) prior to initiating a competitive acquisition.

Based on technical experience of this project, creating, validating and approving required documents can take

. A competitive acquisition, which includes product samples and best value analysis/formal source selection to include military personnel, can take .

At the conclusion of the acquisition phase, the effort will be subject to the production lead-time of the contract to receive low rate initial production systems (LRIP). LRIPs are then required to be vetted through Developmental Testing and Operational Testing to validate that the production systems are operationally suitable and effective, in accordance with the validated requirement documents and the performance specification of the contract. This test phase can last . Upon conclusion of the test phase, sustaining program documents must be generated, validated, and approved. This process can take . In total, it is estimated that to conduct an acquisition with other than the recommended source could take , depending on

To sustain the current fleet of products for Naval Special Warfare, a new procurement is required. To attain a product from a vendor other than Optics 1, Inc., would cost the Government an estimated This estimate is derived from prior costs associated with prior competed effort for establishing a new product. The cost are depicted in the following table.

6. Description of Efforts Made to Solicit Offers from as Many Offerors as Practicable

NSWC Crane released a Request for Information (RFI) / Sources Sought on 19 May 2021 (closed 3 June 2021) announcing the

LRFs of the same design, as well as its intent not compete this action. Due to the end of life components, Optics 1, Inc., has made the Government aware that the VECTOR/VIPER LFR will sunset in competitive follow-on action to this procurement. Sources Sought sole source this action as well as to compete the VECTOR/VIPER LRFs predecessor, as well as requesting information on current market capabilities. This is the initial market research for the follow on effort and will help shape requirements documents.

Two responses were received and the below table details each response.

As a result of the above, the Contracting Officer sent the technical documents to the technical activity, which provided a positive review. The technical activity stated that this would be flowed up to the program office and will help with an initial requirements definition and additional Sources Sought/RFIs will be conducted to build on the current.

Determination of Fair and Reasonable Costs The Contracting Officer will determine that the anticipated cost to the Government for the supplies covered by the J&A will be fair and reasonable. Price analysis, consisting of comparison of the proposed prices to historical prices paid, whether by the Government or other than the Government, for the same or similar items, will be utilized. Significant (or similar) quantities of this requirement have been purchased from this Offeror and the Government can access and compare this pricing to pricing proposed to the Government. These factors should be sufficient to support the fair and reasonable price determination for this procurement.

Actions to Remove Barriers to Competition no plans at this time to compete future contracts for the types of supplies/services covered by this document. If another potential

Code 0234 will assess whether competition for future requirements is feasible. As noted in paragraph six, the Government is in the initial stages of a competitive follow on.

CERTIFICATIONS AND APPROVAL

TECHNICAL/REQUIREMENTS CERTIFICATION (FAR 6.303-2(c))

I certify that the facts and representations under my cognizance, which are included in this justification and its supporting acquisition planning data, including Acquisition Plan No. N/A, except as noted herein, are complete and accurate to the best of my knowledge and belief.

TECHNICAL COGNIZANCE:

REQUIREMENTS COGNIZANCE:

LEGAL SUFFICIENCY REVIEW (NMCARS 5206.303-90)

I have determined this justification is legally sufficient.

CONTRACTING OFFICER CERTIFICATION (FAR 6.303-2(b)(12))

I certify that this justification is accurate and complete to the best of my knowledge and belief.

APPROVAL BLOCK (FAR 6.304 for Approving Official)

Upon the basis of the above justification, I hereby approve, as Competition Advocate for the Procuring Activity, the solicitation of the proposed procurement(s) described herein using other than full and open competition, pursuant to the authority of 10 U.S.C. 2304(c)(1).

Chief of the Contracting Office